Landlord Wins Non-payment Case: Canadian Financial Services v Sweeney 2024
Hamilton tenants face eviction for $13456 in non-payment of rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 695 Barton St E, Hamilton, ON L8L3A5
Decision in favor of
landlord
Balance Owed to Landlord
$13,456
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 9, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. Tenant Sweeney was in jail and did not attend the hearing, while Tenant Payne represented herself.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,548.36 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
The Landlord's representative stated that the tenancy began with Tenant Sweeney in January 2021, and that in April 2021, Tenant Payne moved in. He advised that after the Tenant fell into arrears, the Landlord sent a letter to both Tenants on June 3, 2024, advising of the arrears, requesting a payment plan, and providing a copy of the hearing notice. The Landlord also spoke with Tenant Sweeney from jail to discuss payment.
Tenant
Actions
Tenant Payne advised that she did not agree with the amount of arrears owing and cited a letter the Landlord wrote for Ontario Works confirming that she paid $600 per month. She advised that her Ontario Works case worker had asked her for an updated letter to prove where she was living and to demonstrate that she was not homeless.
Decision Summary
Unless the Tenant voids the order by paying $13,456.32 on or before July 31, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay $11,275.80 to the Landlord, plus daily compensation of $50.90 starting June 19, 2024 until they move out. If the unit is not vacated by July 31, 2024, the Landlord may file the order with the Sheriff for enforcement.
Reason for Eviction Relief
Tenant Payne advised she wants to move out and is working with a support worker to access affordable housing options. An extended termination date of July 31, 2024 was discussed and agreed upon.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,548
Rent Arrears
$11,722
Application Fee
$186
Total Owing
$13,456 (Owed to Landlord)
Source
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